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West VirginiaSB 5752026 Regular SessionSenate

Relating to refusal review hearings

Sponsored By: Jason Barrett (Republican)

Signed by Governor

§17A-2-20§17C-5-7A

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

License revocation terms after test refusal

When a court finds you refused the test, the DMV revokes your license. First time: either 1 year, or 45 days plus 1 year in the Alcohol Test and Lock Program. Second time: 10 years, with possible reissue after 5 years under state law. Third or more: life revocation. The revocation runs at the same time as any DUI-related suspension under §17C-5A-2. The court clerk sends the order to the DMV, and the DMV mails you the revocation order with the reasons and the length.

30 days to request refusal hearing

At your first court appearance, the judge warns you about license loss. You have 30 days to ask for a refusal review hearing. If you do not ask in time, the court must find you refused the test. If you ask in time, the court holds a hearing and reviews the officer’s statement and all evidence. The court must find four things by a preponderance of the evidence; if any are missing, it finds no refusal and the DMV cannot revoke on that basis.

Who represents the state at hearings

A county prosecutor or city lawyer must attend refusal review hearings to represent the state. Those hearing duties belong to local prosecutors or city lawyers, not the DMV Commissioner. The DMV is not a party in these hearings, and local prosecutors are not counsel for the DMV. The Attorney General and local government lawyers still must provide legal help to the DMV Commissioner for other duties in this chapter, without extra pay.

Sponsors & Cosponsors

Sponsor

  • Jason Barrett

    Republican • Senate

Cosponsors

  • Vince Deeds

    Republican • Senate

  • Jimmy Willis

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 163 • No: 0

Senate vote • 3/14/2026

Senate concurred in House amendments and passed bill (Roll No. 658)

Yes: 34 • No: 0

House vote • 3/13/2026

Passed House (Roll No. 539)

Yes: 96 • No: 0

Senate vote • 2/19/2026

Passed Senate (Roll No. 147)

Yes: 33 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026Senate

  2. To Governor 3/18/2026

    3/18/2026Senate

  3. House Message received

    3/14/2026Senate

  4. Senate concurred in House amendments and passed bill (Roll No. 658)

    3/14/2026Senate

  5. Communicated to House

    3/14/2026Senate

  6. Completed legislative action

    3/14/2026Senate

  7. To Governor 3/18/2026 - Senate Journal

    3/14/2026Senate

  8. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  9. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  10. On 3rd reading, Special Calendar

    3/13/2026House

  11. Read 3rd time

    3/13/2026House

  12. Passed House (Roll No. 539)

    3/13/2026House

  13. Title amendment adopted (Voice vote)

    3/13/2026House

  14. Communicated to Senate

    3/13/2026House

  15. On 2nd reading, Special Calendar

    3/12/2026House

  16. Read 2nd time

    3/12/2026House

  17. Amendment reported by the Clerk

    3/12/2026House

  18. Committee amendment adopted (Voice vote)

    3/12/2026House

  19. With amendment, do pass

    3/11/2026House

  20. Immediate consideration

    3/11/2026House

  21. Read 1st time

    3/11/2026House

  22. Markup Discussion

    3/10/2026House

  23. House received Senate message

    2/20/2026House

  24. Introduced in House

    2/20/2026House

  25. To Judiciary

    2/20/2026House

Bill Text

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